Wage and Hour Division (WHD)

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FOH Field Operations Handbook
Chapter 64 Employment of Workers with Disabilities at Special Minimum Wages under Section 14(c)
Section 64c Employment Relationship

Section 64c07: Workers Injured in Industry Who are Referred to Work Centers

• Work centers may be asked to provide vocational rehabilitation, evaluation, or training services for certain workers injured on the job. Such individuals may be referred to the work center by the State agency responsible for the worker's compensation program or by individual insurance carriers.
• If all of the following conditions are met, WH will not assert an employment relationship between the injured worker and the work center:
  1. The injured individual has been referred to the work center by an insurance carrier or the responsible State agency.
  2. The workshop and the referring party have reached an agreement as to the nature, content, and length of the program to be provided.
  3. The broad objectives of the program are to assess the injured worker's vocational interests and abilities and return him or her to competitive (non-sheltered) employment.
  4. The injured worker receives payments from the insurance carrier or State agency during the program that at least equal his or her commensurate wage.
  5. Any wage payments made by the work center would result in a reduction in the compensation payments from the State agency or insurance carrier.
  6. The rehabilitation services provided are clearly in the injured worker's interests, and participation in the services is required in order to receive compensation from the insurance carrier or State agency.